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At What Age in NC Can a Child Decide Which Parent to Live With?

In North Carolina, custody agreements are put in place keeping the child’s best interests in mind. Custody agreements often involve determining where the child will live and how parenting responsibilities will be split up. This can be a stressful time for everyone involved, as the decisions made during this time can have a significant impact on the child’s life. Understanding how a child’s preferences might influence custody arrangements is important for parents and guardians navigating this process. In this blog, we will go over child custody laws in North Carolina, going over the role of the child’s preference and the legal age for their preference to be considered. 

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Overview of Child Custody Laws in North Carolina

During custody agreements, the court’s goal is to create a solution that supports the child’s development and well-being. The judge looks at different aspects such as the relationship between the child and each parent, the parent’s ability to meet the child’s needs, and any history of abuse or neglect.

The Role of the Child’s Preference

In North Carolina, a child’s preference is not decisive in custody decisions. While the court may consider the child’s wishes, these are not major factors in the decision. The court will weigh the child’s opinion, specifically in situations where the child is older and shows maturity, but the final decision focuses on what is best for the child overall.

Legal Age for a Child’s Preference to Be Considered

There is no specific age when a child’s preference becomes a significant factor in North Carolina. Therefore, a court can refuse a child’s preference of which parent they would like to live with. When a judge makes a custody decision, they evaluate all the facts and focus on what is best for the child, even if this might not align with the child’s personal preferences. Some of the factors that judges look at when determining custody are: 

  • The child’s age and needs.
  • Each parent’s capacity to provide a stable and supportive environment.
  • The quality of the child’s relationship with each parent and siblings.
  • The parents’ ability to communicate and work together.
  • Any evidence of substance abuse or domestic violence.

Simply put, a child’s preference does not have a significant impact on custody situations, no matter how old they are. The judge may take what they say into consideration if they are older and mature, but it is not a large factor in determining custody. Judges must take into account other important factors to keep the child’s best interests in mind.

Need Help With Child Custody in North Carolina?

To ensure the well-being of children during family transitions, courts want to balance state statutes with the child’s best interests. While it can be a complex process, the top objective is to provide an environment where children can flourish and thrive.

If you would like to learn what could affect your child custody in North Carolina, Stephen E. Robertson Law Office is here to help. Contact us today to schedule a consultation for your case. Call us at 336-370-6760.